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Home My WebLink About04-22-2003APRIL 22, 2003 4:00 P.M. 1 Is 1 • 1 SPECIAL TOWN BOARD MEETING The Special Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; James Trasher of Clough, Harbour & Associates; Planning Board Member, Nicholas Renzi; Attorney Mike Shafer for Rerob, LLC.; Attorney Richard VanDonsel for Rerob, LLC.; Chuck Feizsli of Resource Associates representing Rerob, LLC.; Petr-All Petroleum representatives, Pat Hyde and Sara Campbell; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri, Jr.; John Helgren of the Cortland County Health Department; Whelan and Curry representative; Mike Curry; Jill Giocondo of the Cortland Standard. Supervisor Thorpe: .... and because the procedure may be somewhat complicated I am going to ask counselor to explain it. Attorney Folmer: Thanks a lot. You have a Special Meeting notice, in which you have a three item agenda. The first item is to review, prepare, and issue findings with regard to the application of Rerob. The second is to adopt a resolution that concerns those findings. And the third is to take action on the application for the Aquifer Protection Permit itself. And before we go any further I want to acknowledge receipt of a letter from Mr. Shafer dated April 17, 2003, in which he indicates that since comments by the Cortland County Soil and Water Conservation District were filed on April 11 of this year with the Town Clerk, and to the Cortland County Health Department Division of Environmental Health filed on April 15, Mr. Shafer expresses the opinion that since the comment period on the Final EIS expired on April 7, that the applicant would object to any inclusions in the record of these untimely submissions. I partially disagree with Mr. Shafer in this regard because both the Cortland County Soil and Water Conservation District and the Health Department are involved agencies, and what they have submitted are not public comment but findings. However, they were submitted subsequent to the close of the comment period, and I can say to Mr. Shafer and to his client that they were not considered in connection with these matters and will not be part of the record for this proceeding. Those findings may well be applicable to permitting processes that may or may not be necessary with regard to the Health Department and the Soil and Water Conservation's activities with regard to this process as it proceeds. Now, gentlemen, on Wednesday of last week you were given a draft and a set of proposed findings with regard to the SEQRA determination relative to the SEQRA application and information appointing the Final EIS. And I guess my first question is, I assume and I trust that you had a chance to review those in such fashion that you consider to be appropriate. We indicated that if you had comments or suggestions with regard to them that you notify my office by 5:00 of yesterday afternoon. I did not hear from anyone in regard to those findings. And so the draft, as you see it, is the proposed finding document, and what is your pleasure with regard to it? Councilman O'Donnell: I guess, can I ask a question? I have a question, but is that now? Attorney Folmer: You can if you wish. APRIL 22, 2003 SPECIAL TOWN BOARD MEETING PAGE 2 Councilman O'Donnell: My question is, if you go on the second page ... I thought I would call you and then I thought maybe this was just.... It says Description of Action. Go down about line one, two, three, four, or is it three. It says, "this project would include two 20,000 gallon and one 8,000 gallon underground fuel storage tanks, ten fuel dispensers under a 4,080..." I thought, does ten mean are they doubled so there's twenty? I thought we originally were going to have twenty. Attorney Folmer: Twenty. Correct. Councilman O'Donnell: It says ten and I am just wondering if that was an error or if that was a ten times two is twenty. Are they doubled and it's going to be twenty? James Trasher: Ten individual units with two pumps on them. • Councilman O'Donnell: Ah, so ten is equal to twenty. Okay, thank you. That was my only question. Attorney Folmer: What's your pleasure with regard to the findings? Supervisor Thorpe: Mr. Testa? Councilman Testa: Reject them. This is the first proposal.... Attorney Folmer: I want a motion to either adopt them or not. Supervisor Thorpe: I would suggest you make a motion to adopt the findings. Councilman Testa: Oh, is that the first one you want? Okay, alright. Seven pages, we'll adopt it. Supervisor Thorpe: Is there a second? Councilman Rocco: I'll second. Supervisor Thorpe: All in favor? Councilman O'Donnell, Councilman Pilato: (simultaneously) Aye. Supervisor Thorpe: Carried. RESOLUTION #78 ADOPT NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT STATEMENT OF FINDINGS FOR REROB, LLC FOR AN EXPRESS MART CONVENIENCE STORE/GAS STATION LOCATED AT THE INTERSECTION OF NYS ROUTE 13 AND LIME HOLLOW ROAD Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town Board duly reviewed and commented on the Statement of Findings for the Express Mari Convenience Store/Gas Station, therefore BE IT RESOLVED, the Town Board does hereby adoppt the New York State Environmental Quality Review Act Statement of Findings for the proposed Express Mart Convenience Store/Gas Station, applicant Rerob, LLC., located at the intersection of NYS Route 13 and Lime Hollow Road. 1(03 APRIL 22, 2003 SPECIAL TOWN BOARD MEETING PAGE 3 Attorney Folmer: Second, there is a resolution that has been proposed, and you've had a copy of that resolution since last Wednesday as well. It in effect deals with the findings themselves and makes the conclusion that - that the requirements of the, of six New York's Code of Regulations 617 have not been met, and that the action has not successfully demonstrated its applicability and suitability for SEQRA purposes. And, you have in effect adopted, thaf if you adopt this resolution you are confirming your findings. What's your pleasure with regard to the resolution? Supervisor Thorpe: Could I have a motion to adopt the resolution? Councilman Pilato: So moved. Supervisor Thorpe: Could I have a second? • Councilman O'Donnell: Second. Supervisor Thorpe: All in favor? Councilman Rocco, Councilman Testa: (simultaneously) Aye. Supervisor Thorpe: All opposed? Carried. RESOLUTION #79 ADOPT CERTIFICATION OF FINDINGS STATEMENT AND DECISION REGARDING THE APPLICATION BY REROB, LLC. FOR AN EXPRESS MART CONVENIENCE STORE/GAS STATION LOCATED AT THE INTERSECTION OF NYS ROUTE 13 AND LIME HOLLOW ROAD Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville Town Board, in connection with its SEQRA responsibilities relating to the application of Rerob, LLC to construct a Express Mart Convenience Store/Gas Station at the intersection of NYS Route 13 and Lime Hollow Road, Cortlandville, New York has, among other things, performed the following: 1) Conducted several open meetings in connection with the application; 2) Reviewed the proposed Site Plan submitted by the Applicant; 3) Reviewed the long form Environmental Assessment Form prepared by the Applicant; 4) Conducted Scoping pursuant to 6 NYCRR Section 617.8. 5) Reviewed the Draft Environmental Impact Statement (DEIS) submitted by the Applicant; 6) Conducted a Public Review Hearing in connection with the DEIS pursuant to 6 NYCRR Section 617.9(4). 7) Reviewed written comments in response to DEIS Public Review Hearin; 8) Reviewed Final Environmental Impact Study (FEIS) submitted by Applicant; 9) Reviewed written comments in response to FEIS; and i WHEREAS, the Town of Cortlandville Town Board after reviewing the DEIS and FEIS and the various documentation, testimony and written comments submitted in connection with Express Mart application and having given a "Hard Look" in connection with their review, and therefore it is hereby RESOLVED, that having considered the Applicant's Draft and Final Impact Statements and having considered its written Findings Statements and Conclusion contained therein, and it is further RESOLVED, that the applicant has failed to meet the requirements of 6 NYCRR Part 617, and it is further 1�4 APRIL 22, 2003 SPECIAL TOWN BOARD MEETING PAGE 4 RESOLVED, that consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action is one that does not avoid or minimize adverse environmental impacts to the maximum extent practicable, and that adverse impacts will not be avoided or minimized to the maximum extent practicable by incorporating as conditions to the Decision of the Town Board those mitigative measures that were identified as practicable, and it is further RESOLVED, that based upon the Statement of Findings, together with the aforementioned information, the Town of Cortlandville Town Board does not approve the project for herein by Rerob, LLC for an Express Mart Convenience Store/Gas Station located at the intersection of NYS Route13 and Lime Hollow Road, Town of Cortlandville, County of Cortland, State of New York. Attorney Folmer: Lastly, you have the Aquifer Protection Permit before you and you • need to take final action on that. You now adopted your determination with regard to SEQRA. What is your pleasure with regard to the Aquifer Protection Permit itself? Supervisor Thorpe: Could I have a motion to deny the permit? Councilman O'Donnell: So moved. Supervisor Thorpe: Is there a second? Councilman Testa: I'll second. Supervisor Thorpe: All in favor? Councilman Pilato, Councilman Rocco: (simultaneously) Aye. Supervisor Thorpe: Opposed? Carried. RESOLUTION #80 DENY AQUIFER PROTECTION SPECIAL PERMIT #1 OF 2003 REROB, LLC. FOR AN EXPRESS MART CONVENIENCE STORE/GAS STATION FOR PROPERTY LOCATED AT THE INTERSECTION OF NYS ROUTE 13 AND LIME HOLLOW ROAD Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town Planning Board, Cortland County Health Department, and Cortland County Soil & Water Conservation District have reviewed and recommended denial of this Aquifer Protection Special Permit application, and WHEREAS, the Cortland County Planning Board and Cortland County Planning Department recommended the application be returned to the Town for local determination with any positive consideration contingent upon 15 conditions, and WHEREAS, the Town Board conducted a Public Hearing and several open meetings in connection with the application; reviewed the proposed Site Plan submitted by the i Applicant; reviewed the Long Form Environmental Assessment Form prepared by the Applicant; conducted Scoping pursuant to 6 NYCRR Section 617.8; reviewed the Draft Environmental Impact Statement (DEIS) submitted by the Applicant; conducted a Public Review Hearing in connection with the DEIS pursuant to 6 NYCRR Section 617.9(4); reviewed written comments in response to DEIS Public Review Hearing; reviewed written comments in response to DEIS Public Review Hearing; reviewed Final Environmental Impact Study (FEIS) submitted by Applicant; reviewed written comments in response to FEIS, and APRIL 22, 2003 SPECIAL TOWN BOARD MEETING PAGE 5 WHEREAS, the Town Board duly adopted the New York State Environmental Quality Review Act Statement of Findings for an Express Mart Convenience Store/Gas Station per Resolution # of 2003, and WHEREAS, the Town Board duly adopted the Certification of Findings Statement and Decision regarding the application by Rerob, LLC. f or Express Mart Convenience Store/Gas Station per Resolution # of 2003, therefore BE IT RESOLVED, the Town Board does hereby deny the Aquifer Protection Special Permit #1 of 2003, submitted by Rerob, LLC., for property located at the intersection of NYS Route 13 and Lime Hollow Road regarding the construction of a 6,670 square foot Express Mart Convenience Store/Gas Station, tax map #95.00-06-12.120. • Supervisor Thorpe: Could I have a motion for adjournment? 1 Councilman Pilato: So moved. Councilman Rocco: Second. Supervisor Thorpe: All in favor. Councilman Testa, Councilman O'Donnell: (simultaneously) Aye. Supervisor Thorpe: Carried. Thank you very much. The Special Town Board Meeting for Rerob, LLC. was adjourned at 4:10 p.m. Respectfully Submitted, Karen Q. Snyder Town Clerk Town of Cortlandville